International Journal of Social Science Research (IJSSR) eISSN: 2710-6276 | Vol. 4 No. 1 [March 2022]
Journal website: http://myjms.mohe.gov.my/index.php/ijssr
INTERPRETATION OF FATWA DURING COVID-19 IN SABAH (2019-2021)
Ahmad Tarmizi Abdul Rahman1*, Nor-Ina Kanyo2* and Nurul A’fifah Muarifin Sufianto3*
1 2 3 Fakulti Kemanusiaan Seni dan Warisan, Universiti Malaysia Sabah, MALAYSIA
*Corresponding author: atarmizi@ums.edu.my; norina@ums.edu.my; shifapypa97@gmail.com
Article Information:
Article history:
Received date : 23 February 2022 Revised date : 1 March 2022 Accepted date : 6 March 2022 Published date : 7 March 2022 To cite this document:
Abdul Rahman, A. T., Kanyo, N., &
Muarifin Sufianto, N. (2022).
INTERPRETATION OF FATWA DURING COVID-19 IN SABAH (2019-2021). International Journal of Social Science Research, 4(1), 166- 175.
Abstract: Fatwa is recognized as one of the sources of the Islamic Law in Malaysia. In some cases, the fatwa is used as a reference to the Syariah Court in resolving Islamic dispute and legal problem. This study attempts to look at the implicit meanings that can be interpreted in the scope of fatwa throughout the duration of the Covid-19 pandemic. Various tenets in the Islamic traditions have changed during the pandemic, especially in worship activities. Therefore, this study was conducted on 50 Muslim respondents around the city of Kinabalu and it suburbs The data were analyzed using the Statistical Package of Social Sciences (SPSS) and presented in the form of frequency and percentage (demography study). This study focused on a group of informants from JAKIM, JHEAINS, some Imams, and people to answer the questionnaire distributed. The results of the study found that the community still believes in the importance of the concept of practicing spiritual elements (Sufism) in mosques and suraus. At the same time, the respondents also agreed that the restrictions and prohibitions from the government and the National Fatwa Community Council are to protect the health of the public from Covid-19.
Keywords: Fatwa, JAKIM, Covid-19, Spiritual practice, Sufism.
1. Introduction
Nowadays, the world is still hit by the Covid-19 pandemic that has claimed millions of lives.
Coronavirus (CoV) is a part of the virus that has caused a variety of diseases from the flu to more serious diseases such as MERS-CoV and SARS-CoV. This Covid-19 outbreak is a disease that attacks the human respiratory system which was initially known as pneumonia or pneumonia at first. After many studies have been done on this virus, this disease is caused by a dangerous virus that is from the group that carries severe Acute Respiratory Syndrome- Coronavirus such as SARS-CoV. (Cirrincione et.al., 2020)
Novel Coronavirus (2019-nCov) is a new species of virus that has never been discovered by humans (Ministry of Health Malaysia, 2020). The disease known as Coronavirus is named Covid-19 or Coronavirus 2019 by the World Health Organization (WHO). The Coronavirus outbreak started from the megacity of Wuhan, Hubei China which has a population of over 11 million capacity. Due to the sudden spread of the epidemic throughout the country, on January 30, 2020, the organization has declared the Coronavirus 2019 or Covid-19 outbreak as an International Public Health Emergency (PHIEC) due to the increase in positive cases and increased deaths. around the world due to this Coronavirus outbreak.
There are millions of positive cases and deaths of Covid-19 that have been reported by the World Organization it is expected to continue to increase if not vaccinated or prevented treatment immediately. As of today, September 2, 2021, through the records recorded by the World Health Organization (WHO) on its official website there are 219 287 475 positive Covid-19 cases that have been recorded including a death record of 4 545 523 cases. (Ministry of Health Malaysia, 2021). The impact of this epidemic, there are several issues and problems that occur in the country to curb the problems related to this pandemic. Various issues and questions are thrown about the physical and social effects of this epidemic and that includes the religious law in Islam.
During this pandemic, religious issues changed immediately because according to all instructions issued by the government. Among them is the postponement of congregational and Friday prayers in surau and mosques, including Aidilfitri and Aidiladha prayers, Hajj should be performed only for residents around illegal lands. Meccans and Medinan, The marriage contract is also carried out online, doing zakat payment transactions online and other matters that arise during this epidemic. Therefore, these issues need immediate answers and explanations to provide the best solution for the Muslim community, especially because it involves obligatory worship. This matter needs to be referred back to the two main sources of religion, namely the Qur'an and the Sunnah.
Definition of Fatwa
Fatwa comes from the word Al-fatā which means strong youth which can be processed as if the fatwa issued by the mufti for something less clear makes the law stronger and stronger (Mohd Faez & Noor Naemah, 2015). In addition, it also carries the meaning of explanation from the word al-banah (ةنابلا). Ibn al-Manṣūr also defined fatwa with the meaning of explanation or explanation (Ibn al-Mansūr, 1990). In the sequence, it can be seen that fatwa in terms of language means explanation or explanation. However, the meaning of fatwa cannot be taken into account in terms of language alone because the fatwa needs to be understood as a guide to the inquiring party to answer all the questions that arise in order to unravel the problem and show the truth that needs to be followed.
In terms of terminology, a fatwa can be summarized as the verdict about the Islamic laws submitted by a mufti. It is to answer issues that occur whether it is an answer to a question about the law or the answer that is informed of notification only (al-shāṭibī 1997: 349). In the Dewan Bahasa Dictionary, fatwa has been used in Malay which means a decision on religious law (which has not been decided) based on the text of the Quran, hadith, and other sources including ijtihad by the muftis (Muhammad Miziazam et. Al., 2018).
Fatwas are discussed in the books of usul al-fiqh as one of the ways to disseminate the law in- depth. Among them is Shaykh Dr. Wahbah al-Zuhaili (1436H) has defined that a fatwa as an answer to a question that has been given to the mufti about something that happened. Al- Shaykh Muhammad Sulaymān al-Asyqar (1430H) has explained that the fatwa is a message about the law from the Islamic evidence that occurred during the incident. Furthermore, fatwas are the result of ijtihad according to Imam al-Shawkānī (1250H).
In short, the meaning of fatwa is Islamic law, which is defined by the Mufti as a faqih who has a good understanding of the Islamic law and who comes with syara’ evidence, to answer any questions to this religion.
Factors Applicable to Fatwa Conflict
According to Muhammad Ikhlas Rosele (2013), the issue of fatwa conflict has always existed in various fields of life of understanding, it has existed in several forms. There are several factors in the existence of conflict among fatwa authorities in Malaysia, among them is that fatwas are bound by the constitution and the act. Although Islam is declared the official religion federation in Malaysia, the position of Islam is still limited in practice. In addition, the role of the Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia is limited.
This is because the purpose of this Committee is to consider, decide and issue fatwas after matters referred from the Council of Rulers or the Council of Government Rulers of the State Islamic Religious Council with the purpose of seeking advice as stipulated in article 14 of MKI Rules.
Furthermore, Muhammad Ikhlas (2013) also stated that each mufti of the states in Malaysia has different methodologies in solving problems. This is because the fatwa inference used is different from one state to another state. For example, only in Sabah, the Mufti and members of the Fatwa Council are not prosecuted in any Syariah or civil court for a gazetted fatwa (Mohd Kamel, 2016). Therefore, there are issues that are still discussed that arise such as the ban of smoking, poco-poco dance, and yoga.
In conclusion, there are still many weaknesses that need to be addressed or improved to upgrade the quality of fatwa institutions in Malaysia, especially in Sabah.
2. Discussion and Findings of the Study
This study uses a quantitative method that uses a questionnaire instrument. A total of 50 respondents have been involved around Kota Kinabalu in this study. There were three sections that were asked in the questionnaire. Part A is the demographic profile of the respondents, Part B is about Spiritual Sufism during the MCO/RMCO/CMCO instruction period and Part C is specific to JAKIM, some Imams, and more knowledgeable people, namely the practice of
fatwas. For this article, the data is only extracted from Section C alone to focus more on the title of the article with a total of 21 people.
Item Fatwa Technical Components Yes No Not Sure Others
1
Is congregational life important and fundamental in Islam?
• 1 person (4.8%) did not give an answer
19
(90.5%) - 1
(4.8%) -
2
Do you agree that leaving congregational life (example: congregational prayer) can cause the bonds among Muslims to loosen?
18 (85.7%)
2 (9.5%)
1
(4.8%) -
3
Do you agree if I state that JAKIM's national fatwa is literally related to the congregational prayers during the implementation period of MCO/RMCO/CMCO contradicts the sunnah of the Prophet Muhammad SAW?
• 1 person (4.8 %) did not give an answer 9 (42.9 %)
10 (47.6 %)
1
(2%) -
4
Has JAKIM's national fatwa related to
MCO/RMCO/CMCO disrupted
congregational life (spiritual matters)?
14 (66.7 %)
6 (28.6 %)
1
(4.8 %) -
5
Should Friday prayers be banned during
MCO/RMCO/CMCO? 7
(33.3 %)
12 (57.1 %)
2
(9.5 %) -
6 Should congregational prayers be prohibited during MCO/RMCO/CMCO?
7 (33.3 %)
13 (61.9 %)
1
(4.8 %) - 7
Is it appropriate for the number of individuals to be limited to living in congregation in the mosque/surau during MCO/RMCO/CMCO?
9 (42.9 %)
9 (42.9 %)
3
(14.3 %) - 8 Can a fatwa be issued based only on
views/assumptions (hypotheses) only?
4 (19.0 %)
16 (76.2 %)
1
(4.8 %) -
9
Can a fatwa as a matter of furuk be issued in the case of Covid-19 which can overcome the problem of motion? (example: it is forbidden to congregate in the mosque during the period of MCO/RMCO/CMCO overcoming the mandatory command in Islam to congregate)
• 2 people (9.5 %) did not state the answer 9 (42.9 %)
8 (38.1 %)
2
(9.5 %) -
10 Can the position of maqasid syariah be equivalent to the position of nas?
4 (19.0 %)
11 (52.4 %)
6
(28.6 %) - 11
Is JAKIM's national fatwa related to MCO/RMCO/CMCO in line with the maqasid syariah?
10 (47.6 %)
6 (28.6 %)
5
(23.8 %) - 12 Should JAKIM refer to differences of opinion
(sects) before issuing a fatwa?
15 (71.4 %)
3 (14.3 %)
2 (9.5 %)
1 (4.8 %) 13
Is an order from the government alone enough to curb Covid-19 without involving the issuance of a fatwa?
3 (14.3 %)
16 (76.2 %)
2
(9.5 %) - 14 Is the position of Nas higher than the maqasid
syariah?
19 (90.5 %)
1 (4.8 %)
1
(4.8 %) - Table 1: Fatwa Technical Components
Based on Table 1 above is the result of the findings of the study which is targeted at informants of more focused groups such as JAKIM, JHEAINS, some Imams, and religious - religious involved in the study area. There are fourteen (14) fatwa technical components examined in this section. Of the fourteen (14) fatwa technical components that were highlighted, there were seven (7) components that got the choice of ‘yes’ or ‘agree’ by a majority.
Based on the findings of the discussion regarding the importance of congregational life and whether it is fundamental in Islam, the majority agreed. This is because the practice of Sufism in society leads to the unification of the ummah. As Allah SWT says in Surah al-Hujurat verse 13:
Translation: O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the noblest of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.
Based on Ibn Kathir's interpretation of the above verse, Imam Bukhari (4689) narrated to Muhammad Ibn Salam, also told Abdah from Ubaidillah, from Sa'id bin Abu Sa'id r.a., from Abu Hurairah who spoke to Rasulullah Saw. "Indeed, who is the noblest person" So the Prophet SAW replied: "In the sight of God, the noblest among them is the most pious person". They said, "We don't mean that." Rasulullah SAW also replied: "The noblest person is the Prophet of Allah Yusuf, the son of the Prophet of Allah, and the grandson of the Prophet of Allah, and the son glorified by Allah". They said, "We don't mean that." Rasulullah SAW also replied:
"You mean the glory that exists among the Arabs?" They replied: "Yes." So Rasulullah SAW replied: "People who were respected by you in the age of Jahiliah, if they deepen their religion, surely they will also be respected by you in the age of Islam". Therefore, the informants agreed that the basic nature of society is in congregational life.
Furthermore, the Malay community views Islam as a way of life instead of limited to worship alone (Dr. Alias Azhar & Solahuddin Ismail, 2012). Therefore, the informants agreed that abandoning congregational practices such as congregational prayers in mosques and suraus will create the bonds among Muslims to become loose. Some of the informants also agreed with the decision of the National Council Fatwa Committee to perform congregational prayers at home during the MCO/RMCO/CMCO instruction period. At the same time, some informants agreed that the results of muzakarah and fatwas issued by JAKIM were also influenced by external organizations (non -Malaysian government).
It was also emphasized that JAKIM did not issue any fatwa. in fact, it was the duty of the Muftis throughout the state. The statement was made due to the existence of allegations or rumors that say that religious authorities and scholars have sided with the World Health Organization (WHO) in a pandemic situation and ignored religious syiar (Daily News, 2020).
The community argue why is prohibited from going out to perform congregational worship in mosques or suraus but markets and shopping malls are open (Malaysia Kini, 2020). As a result, of their lack of discipline in maintaining the SOP (Standard Operating Procedure) the cases have increased drastically since December 2020 (Berita Harian, 2021).
The question states that JAKIM should refer to differences of opinion (sects) before issuing a fatwa. It is a sensitive matter for Muslims because fatwas are an important instrument in resolving any disputes (Mohd Kamel et. Al., 2016). It also refers to the existence of prayer in the physical distance during the pandemic season which raises doubts and dissatisfaction in every Muslim community. Therefore, Dr. Zulkifli (2020) has created a special book as a guide
for Muslims entitled ‘Issues of Physical Distance during Congregational Prayers in mosque and surau.
Furthermore, there are two opinions on the law of bridging the ranks during prayers, namely
‘wajib’ and ‘sunat muakkad’. According to the first opinion, a hadith narrated by Anas bin Malik R.A, the Prophet S.A.W has said:
ِة َلََّصلا ِماَمَت ْنِم ِ فَّصلا َةَيِوْسَت َّنِإَف ْمُكَفوُفُص او ُّوَس Translation: Straighten your rows, for indeed, straightening the rows is part of the perfection of the prayer
Muslim History (433) In the beginning, equalizing and straightening the ranks was one of the perfections of prayer.
Furthermore, there is a command word (fi’l al-amr) which is اوُّوَس which commands Muslims to perform as in the hadith. Although the second opinion also uses the same hadith, the word ِماَمَت in the hadith refers to the law of mustahabb and is not included in the pillars or legal conditions of prayer. The second opinion is the view held by the majority of scholars.
Therefore, do not close the ranks when the prayer is considered valid and it is not sinful to do so (al-Bayan Bil.6: 2020). However, the Muslim community has been educated since childhood to close ranks before starting to congregate is something that cannot be changed during a pandemic. Explanations from the ulama 'and muftis in this matter are needed as a prevention mechanism (Abdul Manan, 2020).
According to Abdul Manan (2020), fatwa is a tool in helping to prevent the spread of Covid- 19 cases to the public. The pandemic has changed the norms of society since the end of 2019.
Without the existence of a gazetted fatwa on the current situation (Covid-19), can cause chaos in society. Therefore, the role of fatwas is significant in preventing the spread of the virus.
Based on the Syarie Fatwa Council, the United Arab Emirates (UAE) led by Shaykh Abdullah bin Bayyah has issued a fatwa on congregational prayers and Friday prayers during the outbreak of Covid-19. He has explained in his fatwa several things.
There is an exemption for those who suffer from this disease or experience its symptoms are in public places or go to the mosque to perform congregational prayers, Friday prayers, and Hari Raya prayers. He should take all necessary preventive measures by being quarantined and treated by the Ministry of Health, so as not to contribute to the transmission of the epidemic to others. In addition, relief (rukhsah) is given for not attending congregational prayers, Friday prayers, and Hari Raya prayers as well as Tarawih prayers for the elderly, children, those suffering from respiratory tract diseases, and those suffering from weak antibodies. They have to perform prayers in their homes or where they are, and they have to establish Zuhr prayers to replace Friday prayers. It is therefore not permissible to violate the ruling even under any circumstances (Wan Ahmad Naqiuddin, 2020).
In the 225th Bayan Linnas Series held by the Federal Territory Mufti's Office on 12 March 2020, the Kuwait Ministry of Waqf and Islamic Affairs issued a decision to postpone Friday prayers and sermons due to the Covid-19 outbreak that hit the country. After that, various countries have also issued a decision to postpone Friday prayers. By looking at mass gatherings, it will carry the risk of infection to more people. Looking at the situation, it is one of the proactive and precautionary measures to prevent the epidemic from spreading in the country.
The following are the fatwas that have been decided by international fatwa institutions regarding the postponement of Friday prayers and congregational prayers in several countries.
Generally, the arguments used in issuing the law hover at certain points. Among them is the obligation to celebrate one of the Maqasid Syariah which is to take care of life (hifz al-nafs). It is unlawful for a person to deliberately expose himself to danger and destruction by not taking the prescribed precautionary measures. This is based on the words of Allah SWT in Surah al- Baqarah verse 195 which means:
Translation: And spend in the way of Allah and do not throw [yourselves] with your [own]
hands into destruction [by refraining]. And do good; indeed, Allah loves the doers of good.
According to Azizan Abdul Rahman and Nurwati Ashikkin Ahmad Zaluki (2020), in their study they have also discussed about the prevention of Covid-19 transmission that has been implemented by the government and social responsibility according to Islamic perspective, based on the principles of sharia maqasid. The advantages of prevention over medication and screening tests as prevention of Covid-19 chain transmission are also discussed. The results of the study have found that to prevent the transmission of Covid-19 belongs to the principle of al-Daruriyat, which is to preserve life. As the government, it is the responsibility of the government to preserve the lives of the people to ensure that the people live in peace and tranquility.
One of the responsibilities of the government that has been implemented is to impose the Movement Control Order (PKP). Meanwhile, following the instructions to always be at home is a social responsibility that needs to be done to prevent the transmission of Covid-19. This is because preventing a coronavirus infection is better than trying to cure it. Each individual is encouraged to do a screening test at the health centers that have been provided. Meanwhile, individuals who are found to be Covid-19 positive need to be quarantined and undergo rehabilitation in patient treatment units. Through the screening test, the prevention of the Covid-19 chain can be realized. This method of quarantine implementation is in line with the instructions of the Prophet SAW to isolate Covid-19 positive patients with healthy people (Azizan Abdul Rahman & Nurwati Ashikkin Ahmad Zaluki, 2020).
Due to prevent the virus, if a mass gathering is allowed to take place for any purpose, then it is very risky to lead to harm and destruction, while the Islamic principle is to reject harm based on the method of fiqh رارض لاو ررض لا that is no harm and cannot harm. Therefore, every directive and ruling from the government must be obeyed and faithful. The table below shows some institutions or fatwa bodies briefly on the fatwas of Friday prayers and congregations in mosques and suraus during the Covid-19 pandemic.
Institution/Fatwa Fatwa
Dār al-Iftā
Islamic law requires Friday prayers and congregational prayers in mosques in the event of an epidemic to maintain safety and prevent the spread of epidemics.
Haiah Kibār al-Ulamā’ bi al-Azhar al-Sharīf Should be syarak to stop Friday prayers and congregations in the country
Al-Ittihād al-‘Alāmī li ‘Ulamā al-Muslimīn
The fatwa to stop congregational and Friday prayers is based on the Quran and Sunnah, and this fatwa is reinforced by the importance of maintaining the well- being of life in Islam.
Haiah al-Iftā’ fī Wizārah al-Awqāf wa al-Shuūn al- Islāmiah al-Kuwāyt
Stop all congregational prayer activities and Friday prayers at the mosque
Al-Majma’ al-Fiqhī al- ‘Irāqī
It is obligatory to be committed to the views of experts and leave every gathering even for the purpose of worship in a congregation or other than worship
Table 2: Summary of Fatwas on Friday prayers and Congregation in Mosques and Suraus
Based on the fatwas described above, it can be vital that the ban on Friday prayers and congregational prayers in mosques and suraus is a strategy to protect lives from the threat of epidemics such as Covid-19 from spreading between individuals to other individuals. These fatwas indirectly strengthen the Movement Control Order (MCO) which has been gazetted in Malaysia.
3. Conclusion
The current situation and current challenges following the Covid-19 pandemic have changed the pattern of human daily life. Islam as a religion that gives blessings to the whole world has been proven to be able to provide answers and ways out for every problem of life that is constantly evolving. This is also guided by the sources of Islamic law, whether primary or secondary. However, the ongoing pandemic is a new thing faced by societies around the world nowadays. The accusation that ‘religious scholars around the world have followed blindly the command of the World Health Organization (WHO) is a baseless allegation. However, the pandemic that is happening today has not been able to prove to any religious scientist that close prayers or congregational prayers can infect other people. Hence, only to control the epidemic from continuing to spread after the scholars' agreement on this issue.
The Islamic verdict that changes based on current issues can be taken from Islamic sources that are flexible. Therefore, the implicit meaning of this Covid-19 fatwa is to abide by the directives of the government and the National Fatwa Muzakarah so that the whole world is free from this dangerous epidemic in the future.
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